India’s top court refuses to legalise same-sex marriages

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India's top court refused on Tuesday to legalise same-sex marriages but said the country had a duty to acknowledge LGBTQ relationships and to protect them from discrimination.

Journalists gather at the courtyard of the Supreme Court of India in New Delhi on October 17, 2023, ahead of India’s top court ruling on same-sex marriages. – India’s top court is expected to rule on same-sex marriages, with LGTBQ campaigners hoping for a landmark overhaul of partnerships in the world’s most populous nation.

“It lies within the domain of parliament and state legislatures to determine the law on marriage,” Supreme Court Chief Justice D.Y. Chandrachud said during his verdict. “Our ability to feel love and affection for one another makes us feel human,” he said from the bench. The petitioners had said validating same-sex marriage would help them access some of the legal benefits of matrimony, including adoption, insurance and inheritance.Modi’s Hindu nationalist government has staunchly opposed same-sex marriage, and insisted that any change was up to parliament and not the courts.

 

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